Want to punish him for wrong affidavit and other acts
Curious Person
(Querist) 24 July 2011
This query is : Resolved
Hi experts,
My mom's brother has done two wrong affidavits (submitted these wrong affidavits to govt official) stating that he doesn't have any sister in order to get the land on his name. I have copies of the false affidavits and land records which shows the land on his name.The legal heirship certificate submitted by him to the govt official was also forged to indicate he doesn't have any sister (in this certificate 3 witness of his village has given consent that he doesnt have any sister. This certificate and affidavits were prepared post death of my mom's father). I have copy of that this certificate with me. I also have one court certified copy of affidavit wherein my uncle (mom's brother) has submitted before a court that he has a sister.
Can you pls guide me the process i should follow to put a strong case...
1) Under which section he can be booked for doing wrong affidavit
2) Is there any section under which he can be booked for cheating (or something else) my mom, a women (as he got the land transferred on his name without my mother or our knowledge)
3) Is there any section under which he can be booked for illegaly taking somebody's land or legal right
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 July 2011
First you have to show your locus standi and there after private criminal complaint can be filed through an expert advocate.
R.Ramachandran
(Expert) 25 July 2011
Whether your mother is alive now?
Curious Person
(Querist) 25 July 2011
Thanks for reply. My mother has expired post which i had a check of land record and that is how i came to know about this. I went to police station for lodging FIR but they are refusing saying this is a land issue to which i objected saying it is criminal complaint as it involves false affidavit. But police is not ready to file FIR. Any way i can get the FIR lodged?
Mr. Bansal can you pls tell me the case numbers in AIR?
R.Ramachandran
(Expert) 25 July 2011
Why are you going to the Police. Police has no role to play in this.
You have to contact a lawyer and then file a suit for getting the share for your mother and consequently your shares in the property.
Curious Person
(Querist) 25 July 2011
Mr Ramachandran, i believe making false affidavit is a criminal offence punishable under IPC - pls correct me if wrong. Therefore i wanna file a case against him so that this fraudster is put behind bars. Land issue is seperate and secondary for me. I believe filing an FIR for making false affidavit is the first step towards this. How can this be done when police is reluctunt to do this... Pls guide sir...
R.Ramachandran
(Expert) 25 July 2011
File a case under Section 156(3) Cr.PC before the Magistrate concerned, who will not only order registration of the complaint but also would order its investigation.
